| Citation(s) |
|---|
| 2010 SLG 2647 2010 SLD 2647 2010 SCMR 198 |
Supreme Court of Pakistan
Criminal Review Petition No.45 of 2004 in Criminal PetitionNo.232 of 2001, heard on 30-09-2009
JAVID IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
Criminal Review Petition No.45 of 2004 in Criminal PetitionNo.232 of 2001, heard on 30-09-2009
JAVID IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
MUHAMMAD SIDDIQUL FAROOQVs.THE STATE
Law:
Section:
MUHAMMAD SAIR ALI, J.---The petitioner is former Chairman/M.D. House Building Finance Corporation. He joined the corporation on two years contract on 1-5-1998. He was arrested on 18-10-1999. He remained in the custody of National Accountability Bureau w.e.f. 25-12-1999 and his whereabouts were not known. On a petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973, and the consequent orders, the petitioner was ultimately produced before this Court on 18-5-2000 when time was sought to file challan against him in the Accountability Court. On 31-5-2000, the Chairman, National Accountability Bureau filed a reference against the petitioner before the Accountability Court No.4, Karachi. The allegations were that the petitioner recruited 88 persons without adhering to the mandatory procedure and without approval of the competent authority thereby causing wrongful loss of Rs.56,88,525 to the State exchequer. And that he criminally misappropriated the entertainment funds by sending gifts of fruit and nimco etc. valuing Rs.1,05,000 to persons unconnected with HBFC or its business. The petitioner being holder of a public office thus, allegedly committed offences under section 9(a)(iii)(iv)(vi) read with section 10(a)(a) and (b).of the National Accountability Bureau Ordinance, 1999 and section 409, P.P.C. The Accountability Court framed the charge on 16-8-2000. The petitioner pleaded not guilty and claimed trial. The prosecution examined P.W. 1, Muhammad Dawood, General Manager, HBFC, P.W.2, Karamat Ali, Chief Manager (Services), HBFC, P.W.3 Javed Ahmed Khan, Cashier HBFC, P.W.4 Abdul Qadir, General Manager (Personnel) HBFC, P.W.5 Muhammad Wasim, Assistant Manager (Audit Division) HBFC, P.W.6, Miss Nasreen Mehdi, General Manager (Audit and Instructions Division) HBFC, P.W.7 Syed Sohail Fahmi, Manager Allied Bank of .Pakistan, FTC Branch Karachi, P.W.8 Rahila Anwar, Private Secretary to Chairman HBFC, P.W.9 Muhammad Akram Tariq, Manager HBFC, P.W.10, Mian Habib Ahmed, Assistant Director FIA, Investigating Officer and P,W.11, Ghulam Farooq, Assistant Director, FIA, the second Investigating Officer. The learned trial Court…